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Mighway Guest Terms and Conditions (NEW ZEALAND) Pre July 1st 2018

Modified on: Fri, 29 Jun, 2018 at 3:09 PM

Terms and Conditions (New Zealand)

1. Introduction

1.1 Thank you for choosing Mighway. Mighway provides an online platform that connects owners who have RVs with persons seeking to rent RVs, which platform is accessible at www.mighway.com . Mighway also provides related services to both Owners and Guests. We are very proud of our product and our reputation, and we have built our business on providing the best possible experience for customers. Your safety and security are our greatest concerns, so to assist you in making your Mighway experience a good one, it is important for you to carefully read these Terms. Should you have any questions about these Terms, please contact us on freecall 0800 555 696. These Terms do not exclude, restrict or modify the application of any provision, the exercise of any right, or the imposition of any liability under any New Zealand consumer law statute, where that would contravene the statute. However, the Consumer Guarantees Act 1993 will not apply to rentals acquired by you in trade.

1.2 These Terms apply to any use of the Site and any Mighway Services provided to or received by you. You will be asked to confirm your acceptance of the Terms when you register on the Site. Mighway can vary or replace these Terms from time to time by publishing a new version on the Site. You will be notified by email (to the email address provided at the time you register on the Site) of any change to the Terms. Your continued use of Site, following any amendment or replacement of the Terms, constitutes your acceptance of the Terms as amended or replaced.

1.3 Definitions:

“Additional Charges” means any fee charged by Mighway for use of the Site, any additional services, or infringement fees, including as set out in Schedule 1.

“Credit Card Hold” means the amount authorised by the Guest to be charged against the credit card presented at the time of booking, as a pre-authorisation hold (as described in clause 6).

“Damage” includes any and all damage to any part of the Vehicle including broken parts, dents, stains, broken, cracked or chipped windscreens, damaged tyres, theft, fire, break in or vandalism.

“Guest” or “you” means a person who registers on the Site as a guest and who makes a booking in respect of a Vehicle.

“Mighway Services” means any services provided to a Guest including (but not limited to) any roadside assistance.

“Owner” means a person registered as the owner of a Vehicle on the Site and, in respect of clauses 7.2, 7.3, 8, and 9, means Mighway, where Mighway is managing the handover of the Vehicle on behalf of the Owner.

“Pick Up / Drop Off Report” means the report, in the form provided on the Site, to be completed at the commencement and the conclusion of the Rental Period.

“Rental Period” means the period from the day of pick up to the day of return of the Vehicle, as recorded under the relevant booking on the Site.

“Rental Price” means price paid or payable by a Guest for rental of a Vehicle as specified on the Site.

“Vehicle” means a recreational vehicle (“RV”) that has been registered on the Site.

2. Registration as a Guest

2.1 If you wish to rent a Vehicle, you must register on the Site. To register to be a Guest, you:

(a) must complete the registration process on the Site and, by doing so, you are deemed to have agreed to these Terms; and

(b) must be at least 21 years old and hold a valid New Zealand class 1 full driver licence or be eligible to drive in New Zealand as a holder of a valid and current driver licence or driving permit from another country. Should a foreign licence be in a language other than English, it must be accompanied by an accredited English translation. If you wish to rent a Vehicle that requires a New Zealand driver licence other than a Class 1 licence, you must update your profile information on the Site to reflect your licence classes held.

2.2 We reserve the right to accept or decline your application for registration at our absolute discretion.

2.3 You warrant and represent that the information you provide to us and on the Site is correct, complete, accurate and up-to-date. You agree to promptly notify us of any changes to your information by updating the "profile" section on the Site.

3. Your Conduct

3.1 In connection with your use of the Site and the Mighway Services you agree that you will not:

(a) register as more than one Guest, or register on behalf of any person other than yourself;

(b) contact an Owner for any purpose other than asking a question related to booking that Owner's Vehicle;

(c) use the Site to find an Owner and then complete a booking of a Vehicle without using the Site in order to circumvent the obligation to pay any fees related to the provision of the Site or the Mighway Services; or

(d) extend any Rental Period otherwise than in accordance with clause 5.

3.2 In connection with your use of the Vehicle you agree that you will not allow the Vehicle to be:

(a) operated in breach of the Land Transport Act 1998 or any other act, regulations, rules or bylaws relating to road traffic;

(b) driven otherwise than in a prudent and cautious manner;

(c) driven by a person under the influence of alcohol or drugs or with a blood alcohol level in excess of that permitted by law;

(d) sublet or hire the Vehicle or allow it to be driven by any person other than yourself (unless such person is previously approved by us);

(e) left with the ignition key in the Vehicle while it is unoccupied;

(f) misused, used for any illegal purpose or in any race, speed test, rally or contest;

(g) driven off-road (including on any beach), submerged in water, brought into contact with salt water, used in a creek or river crossing, or through flooded areas;

(h) used to tow any vehicle or trailer;

(i) used to transport passengers or property for hire or reward or used for the purpose of transporting and haulage of goods other than what might be reasonably expected of a leisure rental;

(j) used to carry more persons than is permitted by any relevant authority or detailed in the Vehicle manual or on the Vehicle or specified on the Site;

(k) used to carry volatile liquids, gases, explosives or other corrosive or inflammable material.

3.3 In addition to the above, you agree that you must ensure that:

(a) all reasonable care is taken in using the Vehicle including securely locking the Vehicle when not in use;

(b) all reasonable steps are taken to properly maintain the Vehicle, including regular checks of the oil, water, batteries and tyre pressure (to ensure they are maintained at recommended levels);

(d) you and all passengers comply with all applicable laws, including laws related to child restraints;

(e) you do not smoke or permit any person to smoke in the Vehicle;

(f) no animals are carried or permitted in the Vehicle (unless otherwise agreed with the Owner);

(g) no dangerous or hazardous material carried or permitted in the Vehicle;

(h) you notify us of any Damage to the Vehicle, immediately upon becoming aware of the Damage;

(i) if the Vehicle is stolen, you notify us and the New Zealand Police as soon as possible after discovering the theft.

4. Bookings and payment

4.1 To make a booking, you must make a booking request through the Site specifying the Vehicle you wish to rent, and the Rental Period together with all such other information and details as required, including details of a valid credit card (Credit Card) for payment of the Rental Price and securing the Credit Card Hold).

4.2 We will send your booking request to the Owner and the Owner may, at its sole discretion, choose to accept or decline the request. If we confirm that the booking request has been accepted by the Owner, the full amount of the Rental Price will be charged to the Credit Card in order to confirm the booking. Your booking request will not be processed and confirmed until that payment has been made in full. If the payment is not possible or is dishonoured or otherwise rejected, Mighway will immediately cancel the booking. The Credit Card Hold will also be applied to the Credit Card at this point (see clause 6 below).

4.3. If the Owner holds a valid Transport Service Licence with the New Zealand Transport Agency (“TSL”) and has registered this with Mighway, you acknowledge and agree that you will rent the Vehicle directly from the Owner. If the Owner does not hold a valid TSL, Mighway will procure the Vehicle from the Owner and you will rent the Vehicle from Mighway. The Mighway Services will remain the same, whether you rent the Vehicle from the Owner or from Mighway.

4.4 You agree that Mighway is entitled to retain the details of the Credit Card in accordance with the privacy policy and to take any action to recover from the Credit Card the amounts due by you pursuant to these Terms. You expressly and irrevocably authorise Mighway to charge to the Credit Card all amounts payable by you under these Terms.

4.5 You agree to pay any Additional Charges or other costs incurred in connection with the rental of the Vehicle. You authorise us to charge the amount of the Additional Charges or other costs against the Credit Card.

5. Extension of Rental Period

You agree that you will not retain the Vehicle beyond the Rental Period. A Rental Period cannot be extended or altered by agreement between the Owner and the Guest and if you wish to continue to use the Vehicle beyond the Rental Period, you must contact Mighway at 0800 555 696 to arrange an extension. Any such extension must be made at least 48 hours before the end of existing Rental Period and is subject to acceptance by the Owner, and payment of the additional Rental Price. You acknowledge that, in the event you breach these Terms and agree directly with the Owner to retain the Vehicle beyond the Rental Period, your rights under these Terms (including any insurance cover) will not apply beyond the end of the Rental Period.

6. Credit Card Hold

6.1 The Credit Card Hold must be authorized by you at the same time as payment of the Rental Price, in order to secure the Vehicle and confirm the booking. The amount of the Credit Card Hold will be specified on the Site in the Vehicle listing. The Guest must provide a valid credit card at the time of booking in respect of the Credit Card Hold. THE GUEST EXPRESSLY AND IRREVOCABLY AUTHORISES MIGHWAY TO CHARGE THE AMOUNT OF THE CREDIT CARD HOLD TO THE CREDIT CARD PRESENTED AT THE TIME OF BOOKING. IF THIS CHARGE IS NOT POSSIBLE OR IS DISHONOURED OR OTHERWISE REJECTED, MIGHWAY WILL IMMEDIATELY CANCEL THE BOOKING.

6.2 The Credit Card Hold is to ensure that sufficient amounts are available to satisfy any outstanding liabilities of the Guest to Mighway under these Terms. Mighway may charge to the Credit Card, by giving notice to the Guest, any amounts owed by the Guest to Mighway under these Terms including (but not limited to) any Additional Charges (including any costs or fines relating to delivery and return of the Vehicle, any Damage, any charges for on-road assistance, any outstanding fines for freedom camping, toll or traffic offences), or any amounts otherwise arising from or relating to any breach of these Terms by the Guest (Liabilities).

6.3 The Credit Card Hold will be released provided the Vehicle is returned undamaged and no Liabilities are owing by the Guest to Mighway. Release of the Credit Card Hold is not a waiver by Mighway of the Guest’s liability under these Terms, and Mighway retains the right to recover monies for Damage to the Vehicle or breach of these Terms notwithstanding the release of the Credit Card Hold.

6.4 Mighway will notify the Guest in writing in of any Liabilities, and of any charges made against the Credit Card. If the Guest disputes the Liabilities or the deduction of such amount, the disputes process set out in clause 19 will apply.

6.5 Mighway must release the Credit Card Hold:

(a) no later than 20 working days after the end of the Rental Period;

(b) within 5 days if the booking is terminated before the delivery of the Vehicle to the Guest (less any cancellation fees charged under clause 7).

7. Booking cancellations

7.1 Without limiting clause 7.3, if a Guest cancels a booking which has been confirmed on the Site, the following cancellation fees will be payable by the Guest (and the Guest agrees such amounts can be charged to the Credit Card):

Cancellation period

Cancellation fee

30+ days before commencement of Rental Period

15% of Rental Price

8-30 days before commencement of Rental Period

50% of Rental Price

0-7 days before commencement of Rental Period

100% of Rental Price

7.2 If the Owner determines (acting reasonably) that you are unfit to drive at the commencement of the Rental Period, including due to intoxication, you will be deemed to have cancelled the booking and the full cancellation fee will be payable.

7.3 If you meet the Owner at the designated pick-up location at the commencement of a Rental Period and the Vehicle is, in your opinion (acting reasonably), materially different from the description of the Vehicle on the Site, you may cancel the booking. In such circumstances, you will not need to pay a Cancellation Fee and you will receive a refund of the Rental Price if:

(a) you notify us immediately of the cancellation and inform us of the reason you cancelled the booking; and

(b) we are satisfied (in our sole discretion) that the reason you cancelled the booking was reasonable in the circumstances.

7.4 We may cancel a booking at any time if the Owner cancels a booking that has been confirmed on the Site, in which case we will refund you the full Rental Price or find you an alternative vehicle if possible.

7.5 All fees charged and refunds paid by Mighway are calculated in New Zealand Dollars. Mighway accepts no liability for losses suffered as a result of converting currencies and any exchange risks from the conversion of currencies is the responsibility of the Guest.

8. Vehicle pick up

8.1 You must meet the Owner at the time and place agreed between you and the Owner at the commencement of the Rental Period and present your driver’s licence which must be valid and current for the duration of the Rental Period (together with an accredited English translation, if applicable).

8.2 You must, prior to accepting the Vehicle from the Owner, complete and sign the Pick Up / Drop Off Report with the Owner.

8.3 It is your responsibility to take necessary steps to record evidence of pre-existing Damage to the Vehicle (i.e photos or a recording) to prove the condition of the Vehicle at the commencement of the Rental Period.

8.4 You acknowledge having received the Vehicle in a clean condition, with a full fuel tank and full bottles of gas (if applicable).

8.5 All child restraints supplied by Mighway will meet New Zealand legal requirements.

9. Vehicle return

9.1 You must return the Vehicle at the end of the Rental Period at the time and place agreed between you and the Owner as the drop off location. The Vehicle must be returned in a clean condition with a full fuel tank and full bottles of gas (if applicable and subject to any separate agreement with the Owner). The toilet and wastewater tank (if applicable) must be emptied prior to the return of the Vehicle. Failure to adhere to these requirements will result in Additional Charges.

9.2 Late pick up or early return of the Vehicle does not entitle the Guest to any refund of the Rental Price. You will incur an Additional Charge if the Vehicle is returned late.

9.3 Road User Charges for up to 200km per day are included in the Rental Price. If the Guest exceeds 200km per day over the Rental Period, an Additional Charge will apply.

9.4 You must, on return of the Vehicle to the Owner, complete and sign the Pick Up / Drop Off Report with the Owner, which must include details of any Damage. Clause 19 will apply in respect of any disputes between you and the Owner in respect of any Damage, and you must keep us informed in respect of the status of the dispute.

10.2 Any problems associated with the Vehicle including equipment failure, must be reported to Mighway within 24 hours in order to give Mighway the opportunity to rectify the problem during the Rental Period.

10.3 The on-road assistance service provided by New Zealand Roadside Assistance will cover, free of charge, any technical malfunction of the Vehicle arising from a manufacturing or material fault that directly renders the part concerned unfit for operation during the Rental Period. The Guest will be charged for any on-road assistance where the malfunction was caused by the Guest’s actions or omissions. This will include any on-road assistance for the following;

(a) the Vehicle running out of fuel;

(b) the keys being locked inside the Vehicle or lost;

(c) flat batteries caused by incorrect usage of the batteries and or incorrect usage of any equipment that requires the batteries to operate;

(d) a breakdown caused by Damage caused in an accident;

(e) a breakdown caused by willful neglect.

10.4 All on-road assistance required or managed due to circumstances covered in 10.3 (a) – (e), or otherwise as a result of the Guest’s actions or omissions, will incur a minimum charge of NZ$150 plus any additional charges provided by third party assistance (see the Additional Charges in Schedule One).

11. Damage and accidents

11.1 The Guest is liable for all loss of, or Damage to, the Vehicle or the property of any third party that is caused during the Rental Period, together with any consequential damage, loss or costs incurred by Mighway (including any damages we must pay to the Owner).

11.2 To ensure the Guest and Vehicle are adequately covered to protect the interests of Mighway and the Owner, all Guests are required to purchase the Mighway motorhome insurance from the Insurance Provider. This insurance is charged on a daily basis, and is payable in full at the time of booking. The insurance covers all Damage to the Vehicle which arises as a result of an Accident, other than as set out in clause 12. For the purposes of clauses 11 and 12, “Accident”, “Accidental” and “Accidentally” means a sudden and unforeseen event causing physical loss or damage that is not intended or expected by you.

11.3 If the Vehicle is Damaged in an Accident during the Rental Period, you must notify the Insurance Provider as soon as possible by calling 0800 555 696, and in any case within 24 hours of becoming aware of the Damage. You must co-operate with the Insurance Provider in all respects, including by providing all reasonable information requested and following all reasonable instructions in relation to the use of the Vehicle and any actions required in respect of the Damage.

11.4 Without limiting clause 11.2, if the Vehicle is involved in an Accident causing significant Damage to the Vehicle during the Rental Period, you must make the Vehicle secure and inform the New Zealand Police immediately, record the licence number of any other vehicles involved and the name and address of any other drivers involved, record the name and address of any witnesses and contact the Insurance Provider immediately to inform them of the nature of the accident and extent of any Damage.

11.5 You must not arrange or carry out any repair work to the Vehicle.

11.6 If the Vehicle is Damaged during the Rental Period and is deemed (including by the Insurance Provider) to no longer be safe to drive, we will use our reasonable endeavours to provide you with a replacement or substitute Vehicle for the duration of the Rental Period. If no replacement or substitute Vehicle is available, and the Damage to the vehicle did not arise out of any breach of these Terms by you, we will refund you that portion of the Rental Price that relates to the unused duration of the Rental Period.

12. Insurance

12.1 Subject to clauses 12.2 and 12.3, the insurance covers Damage to the Vehicle (up to the greater of $150,000 and the market value of the Vehicle agreed between Mighway and the Owner) caused in an Accident, and your liability for negligence causing Accidental damage to third party property during the Rental Period (up to a maximum of NZ$20,000,000).

12.2 An insurance excess amount of up to NZ$5,000 (including GST) is payable in respect of each incident. You will be advised of the excess amount which will apply at the time of booking. The Guest is liable for and must pay any insurance excess amount(s).

12.3 The insurance will be void and the Guest will be liable and responsible for the full costs (including costs of any Damage) if:

(a) the Guest breaches any of the Terms, and that breach is the cause of or contributes to the relevant Damage; or

(b) the Damage is caused by wilful misconduct (e.g. sitting or standing on the bonnet or roof of the Vehicle), or driving under the influence of alcohol or drugs, or negligence or where the Guest is determined by local authorities to have been careless, negligent or wilful in failing to abide by the local road rules.

12.4 In addition to the above, the insurance does not cover and the Guest will be liable and responsible in full for:

(a) any loss or damage to any personal belongings or property of the Guest (or any person or entity related to the Guest);

(b) retrieving or recovering a Vehicle which may include, but is not limited to, a Vehicle that has become bogged, submerged, caught, trapped, stuck or restricted in any way and/or has been abandoned, in each case in circumstances within the control of the Guest;

(c) replacing keys which have been lost or stolen, or retrieving keys which have been locked in the Vehicle;

(d) any overhead or underbody damage to the Vehicle however caused;

(e) any Damage caused to the Vehicle due to the use of snow chains; and

(f) any Damage associated with the incorrect use of fuel (fuel being diesel or petrol), or water or other contamination of fuel.

12.5 Road restrictions apply as follows: (a) Mighway Vehicles can only be driven on sealed/bitumen or well-maintained roads. (b) Vehicles are not permitted on Skippers Road (Queenstown), Ball Hut Road (Mt. Cook), Ninety Mile Beach (Northland) and North of Colville Township (Coromandel Peninsula). The Customer is responsible for all damage if travelling on these roads as defined in clause 12.3

12.6 New Zealand legislation provides limited coverage for personal injury. Mighway does not accept any liability for personal injuries sustained during the Rental, nor for any loss or damage to any personal belongings or property of the Guest (or any person or entity related to the Guest). Mighway also has no liability for any costs or losses sustained by a Guest as a result of any disruption or changes to travel plans required or arising out of your rental of a Vehicle (including because of any breakdown of a Vehicle). Mighway strongly recommends that you take out personal travel insurance to cover any injury, loss and disruption to travel plans.

12.7 Insurance excess amount will be deducted based on Mighway's insurance assessor's preliminary estimation of the damages. Assessment and repairs are conducted at the discretion of Mighway and its insurer.

13. Infringement fees

13.1 The Guest will be liable for all infringement fees for:

(a) parking in any portion of a road in breach of any by-law of a road controlling authority or Part 6 of the Land Transport (Road User) Rule 2004;

(b) a speeding offence, an offence in respect of failure to comply with the directions given by a traffic signal or a toll offence; or

(c) an offence under section 20(1) of the Freedom Camping Act 2001 involving the use of the Vehicle,

and the offence to which the infringement fee relates was committed during the Rental Period (Infringement Fee). You acknowledge and agree that you are liable for any Infringement Fees, and that the Additional Charges (as described in Schedule One) will also apply in respect of any Infringement Fees and must be paid by you.

13.2 In respect of any Infringement Fee, we:

(a) undertake to send you a copy of the infringement notice received and a copy of the reminder notice as soon as is practicable both to your email and residential address provided on the Site; and

(b) will icharge you for the amount of the Infringement Fee and applicable Additional Charge. You agree that we are authorized to debit your Credit Card for the amount of the Infringement Fee and applicable Additional Charge(s).

13.3 You have the right to:

(a) challenge, complain about, query or object to the alleged offence to which the Infringement Fee relates, to the issuing enforcement authority.

(b) seek a court hearing within 56 days from the date of issue of the infringement notice or 28 days from the date of issue of the reminder notice.

14. Repossession

We are entitled to terminate the rental of any Vehicle and take immediate possession of the Vehicle without notice to you if you breach any provision of these Terms. You will indemnify us for any costs incurred in connection with the repossession and agree you will be liable for the applicable Additional Charge.

15. Suspension and termination of registration

15.1 We reserve the right to alter, suspend or terminate the Site, the Mighway Services, registration of a Vehicle, your status as a registered Guest and your access to the secure section of Mighway.com temporarily or permanently at any time and without prior notice. Without limiting the above, if you breach these Terms, or repeatedly cancel bookings, Mighway has the right to terminate your status as a registered Guest and remove your profile from the Site.

15.2 An Owner or Guest can suspend their account on the Site and remove their profile from public access at any time, provided that no current booking is associated with the Owner or Guest at that time. Upon suspension of an account by an Owner or Guest, we will remove their profile information from public access (but you agree that we may retain profile information as part of our business records).

15.3 An Owner or Guest can reinstate their account and public access to his or her profile at any time, with the approval of Mighway.

15.4 Suspension or termination of an Owner or Guest’s account will not affect your or our rights and obligations under these Terms accruing prior to suspension or termination.

16 Intellectual property and your use of the Site

16.1 The material displayed on the Site, including without limitation, all information, text, materials, graphics, software, tools, results of the use of software and tools, advertisements, names, logos and trade marks (together Content) are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content are owned, licensed or controlled by Mighway or the party credited. Caching, unauthorised hypertext links to the Site, and framing of any Content without Mighway's prior written consent is prohibited.

16.2 You warrant that you own, or that you are authorised to use and upload, all relevant intellectual property rights in any content that you upload to the Site and you grant us a perpetual licence to use that content to operate the Site and the Mighway Services, including in relation to promotion of the Site and the Mighway Service and making that content available for access, viewing and use by other users of the Site.

16.3 Mighway provides a feedback function on the Site, to allow Owners and Guests to evaluate the conduct of each other and any Vehicle. Any feedback you provide must be accurate and must not contain any offensive or defamatory language or otherwise be inappropriate. We may remove or redact any feedback provided on the Site at our absolute discretion.

17. Site and disclaimers

17.1 Subject to the below, we will use reasonable endeavours to ensure that the Site is continuously available without significant disruption or faults (other than during periods of maintenance), and that the information on the Site is accurate.

17.2 The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, Mighway:

(a) excludes all representations and warranties relating to the Site and its contents, or which is or may be provided by any third parties (including any Owners or Guests), including in relation to any inaccuracies or omissions in this website, in the descriptions of Vehicles or any information regarding Guests or Owners; and

(b) excludes all liability for damages arising out of or in connection with your use of the Site. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Mighway of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

17.3 Mighway gives no undertakings, representations, or warranties in relation to any Vehicles listed on or rented through the Site, including the suitability, safety, description, quality, features or specifications of a Vehicle.

17.4 The Site may contain links to third party websites (Linked Sites). Mighway does not control Linked Sites and is not responsible for their contents or hyperlinks. Hyperlinks are provided for convenience only, and their inclusion does not imply that Mighway endorses the Linked Site. Mighway provides no guarantees, representations or warranties as to the nature, content and reliability of any Linked Site, and is not liable for any electronic content of a third party. You link to any Linked Site entirely at your own risk.

17.5 You acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Site (including credit card information) may be read or intercepted by others, even where a website is stated as being secure. Mighway shall have no liability for the interception or 'hacking' of data through the website by unauthorised third parties.

17.6 The exclusions and limits set out in these Terms will also operate for the benefit of our suppliers, licensors and agents. This clause is intended to be for the benefit of, and enforceable by, each such supplier, licensor and agent for the purposes of the Contracts (Privity) Act 1982.

18.2 Subject to our privacy policy, any communication or material transmitted to us in connection with the site (including by email) will be treated as non-confidential and non-proprietary. You grant to us a perpetual, royalty-free licence to any information you transmit to us, including ideas, suggestions or other material and we may use, reproduce, publish, modify, adapt and transmit such information without restriction.

18.3 In registering on the Site, you accept that we will use third party sources to run identity verification checks on you, including through the New Zealand Transport Authority database.

18.4 You agree that we, or our related or associated companies, may send you messages about products or services available from us or our related or associated companies to the email address provided by you as part of the registration process or otherwise in connection with the Site or the Mighway Services.

19. Dispute resolution

19.1 Either:

(a) you or we may, at any time while there is a genuine dispute relating in any way to these Terms (Dispute); or

(b) you or the Owner may, at any time while there is a genuine dispute between you and the Owner in relation to rental of the Vehicle or any Damage to the Vehicle,

in each case a Dispute, give written notice (Dispute Notice) to the other party specifying the subject matter of the Dispute and requiring that the other party meets within 10 working days of delivery of the Dispute Notice, to attempt to resolve the Dispute. If the Dispute is not resolved at that meeting (or either party fails or refuses to attend the meeting), the Dispute may be referred to mediation.

19.2 The referral to mediation shall be commenced by a party giving written notice to the other party stating the subject matter and details of the Dispute and requiring the Dispute to be referred to a mediator to be appointed by the parties. Failing agreement within 10 working days after, and exclusive of, the date the written notice was given, the mediator shall be appointed at the request of a party by the chairperson or any other office holder for the time being of the New Zealand chapter of LEADR, or the nominee of such chairperson or other office holder. The guidelines which shall govern the mediation shall be set by the mediator. The costs of the mediation shall be borne equally by the parties.

19.3 Subject to any right any party may have to apply to a court for any interim or preliminary relief in respect of the Dispute, completion or termination of the mediation shall be a condition precedent to the commencement of any other form of dispute resolution proceedings relating to the Dispute or any part of it.

20. Limitation, exclusion of liability and Indemnity

20.1 If the Guest acquires, or holds itself out as acquiring, the Vehicle rental in trade, the provisions of the Consumer Guarantees Act 1993 will not apply. Otherwise, nothing in these Terms affects the Guest’s rights under the Consumer Guarantees Act 1993 and the Guest shall have the benefit of the guarantees under that legislation (the Consumer Guarantees).

20.2 Except as expressly set out in these Terms, or the Consumer Guarantees, Mighway makes no warranties or other representations with respect to the Vehicle or services provided, and any implied warranties or representations are excluded.

20.4 Subject to clause 20.5, the Guest hereby fully and effectively indemnifies and agrees to keep indemnified Mighway, its employees, agents and contractors and the Owner (each an Indemnified Party) against every liability, loss, damage, cost or expense (including all liabilities arising as a result of damage to a third party’s property or injury to or death of any person, and all legal costs in relation to any liabilities) sustained, suffered or incurred by any such Indemnified Party arising out of or in connection with any breach of these Terms by the Guest or any negligence, fraud, dishonesty, or misrepresentation of the Guest.

20.5 To the extent permitted by law, neither party will have any liability under these Terms for any indirect or consequential losses, including loss of profits, business, income or savings.

21. General

21.1 These Terms are governed by the laws of New Zealand.

21.2 You may not assign, transfer, or purport to assign or transfer any of your rights and obligations in connection with these Terms. You must not agree, attempt, offer or purport to sell, assign, sub-let, lend, pledge, mortgage, let on hire or otherwise part with or attempt to part with the personal possession of or otherwise deal with the Vehicle.

21.3 If any of these terms is unenforceable the remaining provisions will remain in effect.

SCHEDULE 1: FEES

All Fees set out in this schedule are inclusive of GST (if applicable).